Appeals court reverses convictions in kidnapping and terrorism case involving 3-year-old boy’s death

Federal appeals court overturns conviction of three individuals in a kidnapping and terrorism case where a 3-year-old boy from Georgia went missing in 2017 and was later found dead at a squalid compound in New Mexico. The father of the boy and other family members were previously sentenced to life in prison in 2024 after being convicted of a "sick end-of-times scheme."

The U.S. 10th Circuit Court of Appeals ruled there was insufficient evidence of a federal kidnapping crime, as no court order or state law prohibited Siraj Ibn Wahhaj from taking his son. The family was already residing in New Mexico when a Georgia juvenile court issued a pickup order for the boy following his mother's request for emergency custody.

The appellate panel found that the jury instructions were incorrect and could not have led to a conviction based on the government's evidence. The men cannot be retried for the kidnapping charges. The appeals court also vacated convictions related to preparations for attacks against the government. They ruled that Wahhaj and his brother-in-law were improperly excluded from discussions with the judge regarding jurors' notes during deliberations.

The case will be remanded back to the district court for new trials if prosecutors decide to pursue it. Authorities found 11 children, dismal living conditions, and firearms and ammunition during a 2018 raid on the compound. The boy's remains were discovered in an underground tunnel, and his death was attributed to deprivation of essential medication, despite his frequent seizures.

A fifth defendant, Jany Leveille, avoided trial by pleading guilty to conspiracy related to providing material support to terrorists and unlawful possession of a firearm, receiving a 15-year prison sentence.